COVID-19 and leases – the next chapter in rental relief

As the year draws to a close, the phrase "the more things change the more they stay the same" is in a lot of ways an appropriate comment to make, especially when I see what is going on in when it comes to the issue of claims for rental relief due to COVID-19. The passing of the Retail and Other Commercial Leases (COVID-19) Regulation (No 2) 2020 ("the New Regulation"). It's a case of more of the same.

Continuity from Earlier Regulations

The New Regulation inherits the same framework as existed in the earlier set of rental relief regulations that commenced on 24 April 2020 and automatically repealed on 23 October 2020, namely:

• There is the same threshold test as to whether a tenant is an impacted lessee, in order for the regulations to apply;